Individual Rights and Private Party Judicial Review in the EU

Angela Ward

Individual Rights and Private Party Judicial Review in the EU

Angela Ward

Description

This book details the rights of private parties to enforce principles of EU law, both before the national courts and the European courts of First Instance and Justice in Luxembourg. These originally amounted to two distinct bodies of case law. However, particularly since the advent of Member State liability in damages, there have been increasing trends toward convergence in relevant principles in private party EU litigation; whether the defendant is a Member State government authority or an EU institution. On the other hand, emphasis on 'individual rights' continues to be greater in cases concerning enforcement of EU law against Member State bodies, while notions such as 'individual concern' remains a significant barrier to obtaining an effective judicial remedy by private sector actors aggrieved by the conduct of EU institutions.

This book expands on the earlier work 'Judicial Review and the Rights of Private Parties in EC Law' (OUP, 2000) by considering all three pillars of the EU Treaty. It also provides an up to date account of the rules pertaining to the enforcement of EU measures in national law, with a particular emphasis on Directives. The developments of Member State remedies and procedural rules, and developments in the law on nullity review validity review, and damages liability are also detailed.

Individual Rights and Private Party Judicial Review in the EU

Angela Ward

Table of Contents

1. Introduction1 Individual Rights and Effective Judicial Review of Member State Misconduct 2. The Impact of the EU Treaty and EU Legislation in National Legal SystemsSecond and Third Pillar EU MeasuresEC Treaty Articles, Regulations, and DecisionsEC DirectivesEU Legislation Under the Constitution3. Third Generation Case Law; Member State Remedies, and Procedural RulesII Individual Rights and Effective Judicial Review of EU Misconduct 4. Article 230 (4) Nullity Review, Article XXX Action for Failure to Act, and the Article XXX Plea of Illegality5. Article 234 Validity Review and its Relationship with Article 230 (4) Nullity Review6. Article 288 (2) Damages Claims7. Judicial Review of Second and Third Pillar Measures8. Judicial Review of EU Measures Under the Constitution9. Judicial Review of EU Measures and the Requirement of Articles 6 (1) and 13 of the ECHRIII Conclusion The End of Individual Rights? 10. Conclusion

Individual Rights and Private Party Judicial Review in the EU

Second Edition

Angela Ward

Author Information

Dr Angela Ward practises at the London Bar, specialising in the Law of the European Union law and the law of the European Convention of Human Right and. She is also a Reader in the Law Department at the University of Essex, and is a Member of the University's Centre for Human Rights. Prior to that, Angela was the Deputy Director of the Centre for European Legal Studies at the University of Cambridge, and a Fellow of Magdalene College Cambridge, where she taught EU law and International Law.

She holds a PhD (distinction) from the European University Institute in Florence, and has written many books and articles on EU law and human rights law. She is a Fellow of the British Institute of International and Comparative Law.

Individual Rights and Private Party Judicial Review in the EU

Second Edition

Angela Ward

Reviews and Awards

Review from previous edition "A comprehensive yet succinct account of the limits of judicial review. Dr Ward's review of the position of private parties in the EC and the role of the ECJ is certainly an ambitious undertaking, yet one that has been skillfully and successfully completed."--UNSW Law Journal, Volume 24, 2002

"[Dr. Ward] outlines in a clear and detailed manner a subject that is not easy to tackle, namely the rights of private parties when they challenge or invoke Community law."--European Library 2001 28 June 2001

"... Excellent study ... manages to condense a vast national and European Courts case-law to a still readable volume rich of details and at the same time focused on the most important issues involved."--Austrian Review of International and European Law